Monday, October 29, 2012

The Question: "Does Manitoba have a taxpayer financed judicial brotherhood/brethren?" You be the judge and jury how say you?



Ron Gray introduces us to “The Brotherhood,”the collection of lawyers and judges who worked together to circumvent justice and shield each other from public scrutiny. Like any close-knit professional group, the Canadian legal profession backs its own in the face of difficulties – and boy were are difficulties: a lawyer as a defendant, a presiding judge involved in her own legal battle who steps over the line of legal behaviour, lax lawyers failing to follow the rules of the court, a lawyer who refuses to carry out her client’s wishes, and judges repeating defamatory comments as if they were truth! Is this Canadian justice? You bet!

Good Day Readers:

Until quite recently CyberSmokeBlog was unaware of a case involving British Columbia Supreme Court Justice Mary Marvyn Koenigsberg, that is, until Vancouver-based good friend and Associate Chris Budgell brought it to CSB's attention. He too has a fascinating story to tell involving his trials and tribulations with that province's "judicial system" including the Canadian Judicial Council. As a result this site has embarked on a fascinating research project involving Manitoba's judiciary.

After watching the above video and attending every minute to date of the Douglas Inquiry ... humm ... could Manitoba possibly also have a judicial brotherhood/brethren?

Last Friday we attended a half day Manitoba Court of Appeal hearing for Karyn Lynn Delichte versus Brendan Noel Rogers (File Number: FD04-01-73022 - child custody case) a file we stumbled upon quite by accident using the Department of Justice's online file registry wondering what "Polaroid Jack King of Douglas Inquiry fame was now doing these days given he was not disbarred.

Reading Delichte versus Rogers at The Law Courts Building, yes two large cardboard boxes worth, it got more intriguing by the minute. Ms Delichte (pronounced "Delight") a Winnipeger is studying for her PhD (Psychology) at The University of California while Mr. Rogers a former Winnipeg Blue Bomber linebacker (The team sure could have used him this year!) is a Certified Financial Advisor for RBC in the city.

The case dates back to March of 2004, has an incredible 400 plus court filings (some quite lengthy) and been  "touched" by 5 Masters and 11 Justices over the years. Instinctively, it quickly became apparent this litigation had to be the Poster Child for what's wrong with Family Court not just in Manitoba but elsewhere. Succinctly stated, it's badly in need of a major overhaul.

Our suspicions were confirmed Friday (October 26th). Karyn Delichte, a self-rep for the past several years, presented compelling arguments in support of her contention Justice Robert Doyle had failed to properly implement directions he received from the Appellant Division regarding access to the two children in a previous appeal she won against him. The hearing hinged on His Honour's Court Order issued in August of 2011. Ms. Delichte was seeking variance to that Order.

CyberSmokeBlog has sat through many a trial and legal procedures in both Queen's Bench and Provincial Court. Without question her presentation was by far the best including those by yours truly. In fact, it was superior to to many proffered by "co-called" lawyers. Prior to attending Friday's session we'd watched the above video. Upon hearing Appeal Judge Freda Steel deliver the decision on behalf of the other two Judges it was ..... humm .....

CSB took copious notes so as soon as the written decision is available it will be posted on this site along with detailed comments and analysis.

For more videos regarding the case of Justice Koenigsberg visit http://driveforjustice.com.

Sincerely,
Clare L. Pieuk
RKR Founder Kari D. Simpson

Appendix
The book to which Ron Gray refers to in his video. Haven't read but Bob Woodward is good he is very good!
Jeffrey Toobin is CNN's Legal Affairs Analyst. Interesting read partially finished. Always take a book with you to the Manitoba Law Courts Buildings. The system works on Judges time not yours. .
Case studies compiled by Canadian retired attorney Philip Slayton. Case studies of Canadian lawyers who have royally ..... up and managed to get themselves disbarred. Read.
Left to right, Messrs "I Pad My Bills; "I'm Dishonest; and "I Sleep With My Clients" followed by "Ms I Take Bribes" and finally "Mr. Justice? Ha!" 

Fascinating August 6, 2007 interview with Philip Slayton about Lawyers Gone Bad and other legal issues . Recommended read. CyberSmokeBlog's Favourite quotes:

Then there's this gem from the South China Morning Post about a client who asked for a breakdown of his legal bill, which included a charge for "recognizing you in the street, crossing a busy road to talk to you to discuss your affairs, and recrossing the road after discovering it was not you." (at page 18 paragraph 4)

And .....

On the subject of Law Societies and why sometimes they're referred to as Flaw Societies:

So you have the the investigator, the prosecutor and the judge all essentially representing the same institution. I thought in this country we had a fundamental principle, that the person who investigates and prosecutes  isn't the same person who judges. (at page 20 paragraph 5)



Haven't read can't comment.
    

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